Questione giuridica chiave
Whether the parties validly waived recourse against the arbitral award
Decisione estratta
The parties did not validly waive the right to challenge the award; the contractual reference to the WIPO rules amounted only to an indirect waiver and was insufficient.
Motivazione estratta
A waiver under Art. 192 LDIP must be express and clear; automatic exclusion via incorporation of arbitration rules is only indirect and therefore invalid.